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Statement by the International Center for Journalism MediaNet and Factcheck.kz on the Case of Temirlan Yesenbek
MediaNet and Factcheck.kz call for the immediate cessation of the criminal prosecution of Temirlan Yesenbek, considering his detention unjustified and politically motivated. Pressure on journalists and civil activists threatens freedom of speech and human rights in Kazakhstan, and we condemn such measures.
Furthermore, we firmly believe that the current legislation on combating incitement to discord, particularly Article 174 of the Criminal Code of Kazakhstan, is ineffective and requires revision.
Respected international recommendations, such as those of Article 19, recognized by the United Nations, advocate for a more effective approach to regulating hate speech:
- Abolition of criminal penalties – In most cases, civil sanctions should suffice. Criminal prosecution should only be applied in the most severe cases as an absolute last resort.
- Establishing clear criteria for assessing hate speech – Legislation should include clear and unambiguous definitions, preventing Article 174 of the Criminal Code from being misused to suppress dissent. This would provide society with clear guidelines and help the state avoid the temptation to persecute those with opposing views.
For more on hate speech regulation, read the article at factcheck.kz